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Texas executes immigrant after winning court fight
Lawyer Blog News | 2008/08/08 10:28
An illegal immigrant from Honduras who claimed his treaty rights were violated when he was arrested for a robbery-murder near Dallas was executed Thursday evening.

"God forgive them, receive my spirit," Heliberto Chi said in English. In Spanish, he told a friend watching through a window that he loved him and appreciated his hard work. He appeared to be whispering a prayer in Spanish with a tear at the corner of his right eye as the lethal drugs began to take effect.

One of Chi's cousins, who was among the witnesses, sobbed uncontrollably. Two sons of his victims watched through another window and Chi glanced at them briefly but didn't appear to acknowledge them. Chi was pronounced dead nine minutes later at 6:25 p.m. CDT.

He murdered his former boss, Armand Paliotta, during a 2001 robbery at an Arlington men's clothing store where Chi had once worked. An employee was wounded trying to run away and another hid among clothing racks and called 911 for help.

Chi went on the run with his 18-year-old pregnant girlfriend. She turned him in California about six weeks later for assaulting her and told authorities he was wanted for murder in Texas.

Lawyers for Chi had claimed in appeals to the U.S. Supreme Court that he should have been told he could get legal assistance from the Honduran consulate when he was extradited to Texas to face charges.

The Supreme Court, ruling about 2 1/2 hours before his scheduled execution time, rejected his appeal without dissent. The Texas Court of Criminal Appeals, the state's highest criminal court, rejected a similar appeal late Wednesday.



Arson probed at SC prosecutor's after court burns
Court Feed News | 2008/08/08 09:29
Officials were investigating a suspicious fire that gutted the prosecutor's office in this rural county Thursday, three days after an arsonist torched the historic courthouse just half a block away.

Police warned jumpy residents in this city of 8,300 people to be on the lookout for a dangerous suspect who may be someone they know.

Nobody was injured in either fire, the latest of which started shortly after 4 a.m. in the prosecutor's office in a one-story brick building that houses several other law offices in Lancaster's small downtown, authorities said.

Police Capt. Harlean Howard said witnesses to the fires have been interviewed but urged more to come forward. She also said experience shows the suspect will likely follow the investigation closely in media reports and in conversations.



Texas executes Mexican in defiance of world court
Legal Career News | 2008/08/07 15:26
Texas put to death a Mexican convicted murderer late Tuesday, defying a ruling from the International Court of Justice and ignoring a last-minute appeal from UN Secretary General Ban Ki-Moon.

Jose Ernesto Medellin, 33, was killed by lethal injection in the Huntsville death chamber at 9:57 p.m. Medellin was sentenced to die for the 1993 rape and murder of two girls, aged 14 and 16, in Houston, Texas. The Mexican-born Medellin was in the midst of an initiation into the Black and Whites street gang at the time.

The ICJ told US authorities in 2004 that Medellin's case and that of other Mexicans facing execution violated the Vienna Convention because authorities failed to inform the foreigners of their right to consular access and assistance during trial.

US President George W. Bush ordered that the cases be reviewed, but the US Supreme Court in March ruled that his request was unconstitutional.

Medellin's execution went ahead even though Ban urged US authorities to comply with the ICJ's order.



Court rejects suit opposing religion in vets care
Lawyer Blog News | 2008/08/07 15:23
Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation's veterans, an appeals court has ruled.

The 7th Circuit Court of Appeals ruled Tuesday the Madison-based Freedom From Religion Foundation and three of its members have no legal standing to bring the case.

The group was trying to end the department's practice of asking patients about their religion in "spiritual assessments," its use of chaplains to treat patients, and drug and alcohol treatment programs that incorporate religion. It claimed those practices violated the separation of church and state.

But the court ruled that federal taxpayers cannot challenge those expenditures. The court cited a U.S. Supreme Court decision last year in which the same group was not allowed to sue over President Bush's faith-based initiative.

In that case, the court ruled 5-4 the executive branch cannot be sued by taxpayers for expenses that allegedly promote religion. Cases can only be brought when the questionable expenditures are explicitly authorized in a congressional spending bill, the court ruled.

Congress never authorized spending on the chaplain services, pastoral care and other programs challenged, the 7th Circuit ruled.

Annie Laurie Gaylor, the foundation's co-president, criticized the ruling but said an appeal to the Supreme Court was unlikely. She said the group would look for VA patients who object to their treatment to be potential plaintiffs but said such a case would still be difficult to win.

"The courts are moving to the position where government can fund religious activities and endorse religion without restraint," she said. "It's really very disturbing."

The veterans agency, which treated 5.3 million people at its facilities in 2005, says it believes spirituality should be integrated into care, but it allows patients to decide whether that involves religion.

Its spiritual assessments ask patients a series of questions about their faith, such as how often they attend church and how important religion is in their lives. Agency officials say the assessments help them determine patients' needs.



Detroit mayor ordered jailed after bond violation
Court Feed News | 2008/08/07 12:23
Detroit Mayor Kwame Kilpatrick has been ordered to the county jail after a judge found the mayor violated the terms of his bond by going to Canada and not informing the court.

The ruling by Judge Ronald Giles came after the mayor apologized to the court, saying it won't happen again.

The judge says he would have given the same treatment to any criminal defendant.

Kilpatrick's attorneys say they immediately will appeal the ruling.

Earlier Thursday, Kilpatrick waived his right to a preliminary hearing and will head to trial on perjury and other criminal charges.



Judge removes Barker from wrongful termination suit
Court Feed News | 2008/08/07 11:23
A judge has dismissed allegations against Bob Barker in a wrongful termination lawsuit filed by a "Price is Right" employee, saying the game-show's longtime host was not her boss.

Deborah Curling, a former production assistant, sued Barker, CBS and production company FremantleMedia North America in October, claiming she faced retaliation after testifying against Barker in another wrongful termination lawsuit.

Los Angeles Superior Court Judge Malcolm H. Mackey tentatively dismissed several claims against Barker on Wednesday, saying he could not be sued for wrongful termination because he was not her employer.

Curling's attorney, Nick Alden, can amend the complaint to try to prove that Barker inflicted emotional distress, but Mackey dismissed that allegation for now.

Mackey also dismissed several claims lodged by Curling against FremantleMedia, but will allow Alden another chance to argue they should be included.

Attorneys for CBS and FremantleMedia declined to comment after the hearing.



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